Warner Robins, GA Estate Planning Law Firms & Lawyers

It is not on its face a conflict if certain disclosures are made. Remember,  your parents have a choice. However, I would not do business with someone who does this unless there is a full disclosure of the conflict in writing and signed by your parents. It should lay out completely the fees the executor will earn.

It all depends on whether the deed is a tenants in common deed or a joint tenants with rights of survivorship deed. If it is a joint tenants with rights of survivorship, you need to do nothing.  If it is any other kind of deed, some action in probate court will be required.  It might be as simple as a Petition for Year's Support or a Petition to Appoint Permanent Administrator.

Rather than give your home to your kids, you may want to consider having an irrevocable trust drafted on your behalf and place your home into the trust. Your children can be made to be the trustees of the trust. While they will be in charge of the house, you may retain certain right to the home. Also, if the receive the house after you pass from the trust, they will likely not have to pay any taxes when they sell the house. However if you give them the house, they ma have to pay a capital gains tax on any profit made from the sale of the house. The profit from the sale will be determined by home much the home sold for less how much you paid for it when you originally bought it. Talk to a qualified attorney on how an irrevocable trust can help your situation.